§ 8-67. Requirements for possessing a classified dog.

(a)

Unlawful without certificate. It is unlawful for an owner to have or possess within the city a classified dog without a certificate of registration issued in accordance with the provisions of this section. All requirements set forth in subsection (b) of this section must be satisfied before a certificate of registration shall be issued. No certificate of registration shall be issued to any person who has been convicted of two or more violations of this division.

(b)

Requirements for possessing classified dogs. The animal control officer shall issue a certificate of registration to the owner of such dog if the owner is 18 years of age or older, no previous certifications has been issued to the same domicile, and all of the following applicable criteria have been satisfied:

(1)

Dangerous dog. Unless otherwise specified, a certificate of registration for a dangerous dog shall be issued if the dog control officer determines that the following requirements have been met:

a.

Secure enclosure. The dog must be confined in a secure enclosure (see section 8-13), which shall remain locked when the dog is inside and its owner or other responsible person (see section 8-13) is not present. The secure enclosure must be located at least ten feet from all property lines.

b.

Warning signs. All entrances on the premises where dog resides must be posted with a clearly visible sign warning that there is a dangerous dog on the property which sign shall substantially conform to the design provided by the Georgia Department of Natural Resources.

c.

Dog off owner's property. It shall be unlawful for an owner of a dangerous dog to permit the dog to be off the owner's property unless:

1.

The dog is muzzled and restrained by a substantial chain or leash no longer than six feet and is under the physical restraint of a responsible person (see section 8-13). The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any person;

2.

The dog is contained in a closed and locked cage or crate; or

3.

The dog is working or training as a hunting dog, herding dog, or predator control dog.

d.

Location restriction. The dog cannot be kept, and the secure enclosure cannot be located, at any location within 300 feet of a public or private elementary, middle or high school or school facility. Such distance shall be measured from the exterior wall or fence of the enclosure in a direct line to the nearest property line of the parcel or lot containing the school or school facility.

(2)

Vicious dog. A certificate of registration for a vicious dog shall be issued if the dog control officer determines that the following requirements have been met:

a.

Secure enclosure. The dog must be confined in a secure enclosure (see section 8-13), which shall remain locked when the dog is inside and its owner or other responsible person (see section 8-13) is not present. The secure enclosure must be located at least ten feet from all property lines.

b.

Warning signs. All entrances on the premises where dog resides must be posted with a clearly visible sign warning that there is a dangerous dog on the property which sign shall substantially conform to the design provided by the Georgia Department of Natural Resources.

c.

Dog off owner's property. It shall be unlawful for an owner of a vicious dog to permit such dog to be unattended with minors. It shall be unlawful for an owner of a vicious dog to permit the dog to be off the owner's property unless:

1.

The dog is muzzled and restrained by a substantial chain or leash no longer than six feet and is under the physical restraint of a responsible person (see section 8-13). The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any person; or

2.

The dog is contained in a closed and locked cage or crate.

Pursuant to O.C.G.A. § 4-8-29, any person who violates this section of this Code shall be guilty of a misdemeanor of high and aggravated nature.

d.

Location restriction. The dog cannot be kept, and the secure enclosure cannot be located, at any location within 300 feet of a public or private elementary, middle or high school or school facility. Such distance shall be measured from the exterior wall or fence of the enclosure in a direct line to the nearest property line of the parcel or lot containing the school or school facility.

e.

Microchip identification. A microchip containing an identification number and capable of being scanned has been injected under the skin between the shoulder blades of the dog.

f.

Liability insurance. The owner of a vicious dog must maintain and provide proof of general or specific liability insurance in the amount of a least $50,000.00 issued by an insurer authorized to transact business in this state insuring the owner of the vicious dog against liability for any bodily injury or property damage caused by the dog.

g.

Criminal violations. No certificate of registration for a vicious dog shall be issued to any person who has been convicted of:

1.

A serious violent felony as defined in O.C.G.A. § 17-10-6.1;

2.

The felony of dogfighting as provided for in O.C.G.A. § 16-12-37, or the felony of aggravated cruelty to animals as provided for in O.C.G.A. § 16-12-4; or

3.

A felony involving trafficking in cocaine, illegal drugs, marijuana, methamphetamine, or ecstasy as provided for in O.C.G.A. §§ 16-13-31 and 16-13-31.1 from the time of conviction until two years after completion of his sentence, nor to any person residing with such person.

h.

Only one permitted. No person shall be the owner of more than one vicious dog.

(c)

Notification requirements. The owner of a classified dog shall notify animal control immediately or as soon as possible, and in no case later than 24 hours after the event, in the following circumstances:

(1)

The dog is on the loose, is unconfined, or has attacked a human.

(2)

The dog has died, been sold or been donated. If the dog has been sold or donated, the owner shall also provide animal control with the name, address, and telephone number of the new owner of the dog. The owner shall be required to notify the new recipient of the dog of its classification. A vicious dog shall not be transferred, sold, or donated to any other person unless it is relinquished to a governmental facility or veterinarian to be euthanized.

(3)

The owner is moving from the address shown on the registration. The owner must provide animal control with the new address.

(4)

The owner of a classified dog which was classified by another jurisdiction in Georgia, who moves into Bartow County, shall register the dog as required in this O.C.G.A. § 4-8-28 within ten days after becoming a resident, and shall notify the dog control officer of the jurisdiction from which he or she moved. The owner of a similarly classified dog who moves into this state and county from another state shall register the dog within 30 days of becoming a resident.

(d)

Investigation and compliance. The animal control officer is authorized to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this section. Law enforcement agencies of the municipalities and county shall cooperate with the animal control officers in enforcing the provisions of this section.

(e)

Fees; renewal. An annual fee of $100.00 shall be charged to register classified dogs as required in this section. Certificates of registration shall be renewed on an annual basis. At the time of the annual renewal of a certificate of registration, the animal control officer shall require evidence from the owner or make such investigation as may be necessary to verify that the classified dog is continuing to be confined in a proper secure enclosure and that the owner is continuing to comply with other requirements of this chapter. Failure to renew a certificate of registration within ten days of the renewal date or initial classification date shall constitute a violation of this article.

(f)

Liability; sovereign immunity. Issuance of a certificate of registration or the renewal of a certificate of registration does not warrant or guarantee that the requirements specified in this section are maintained by the owner of a classified dog on a continuous basis following the date of the issuance of the initial certificate of registration or following the date of any annual renewal of such certificate. Pursuant to O.C.G.A. § 4-8-31, under no circumstances shall the city or any animal control officer be held liable for any damages to any person who suffers an injury inflicted by a dog as a result of failure to enforce the provisions of this division.